Natural Resources and Violent Conflict - WaterWiki.net

242 philippe le billonmeasures available for the identification of their . . . customers . . . andreport transactions suspected of stemming from criminal activities”(para. 18.b). Second, businesses come under obligation of cooperationwith the judicial process as “State Parties may not refuse a requestfor mutual legal assistance on the ground of bank secrecy” (para. 12.2).Third, and most important, a business “commits an offence . . . if [it] byany means . . . provides or collects funds with the intention that theyshould be used . . . to carry out” acts of terrorism (para. 2.1). As such, abusiness providing funds—such as taxes or “protection fees”—to acombatant, with the knowledge that these funds are to be used to carryout acts of violence against civilians, could be subject to prosecution. 22The renewed emphasis on fighting terrorism—including Osama BinLaden, who had “legitimate” business interests and circulated largesums through formal financial networks—is certainly testing the applicationof this convention to the private commercial sector (Sallam2000). It could be applied to diamond dealers allegedly linked to Al-Qaeda financing networks (Dietrich and Danssaert 2001; Farah 2001).The third instrument is the UN Convention against TransnationalOrganized Crime. With its focus on the criminalization of the launderingof proceeds of crime (Article 6) and corruption (Article 8), thisconvention has the potential to cover the laundering of naturalresource revenues obtained through criminal offenses defined domestically(such as armed rebellion or “grand corruption”) or internationally(such as war crimes). 23 There is, however, no specific reference tothis type of criminal activity or to natural resources within the text ofthe convention. Building on protocols already complementing the convention,such as protocols on arms and human trafficking, the possibilityof a protocol specifically addressing the illicit exploitation of andtrafficking in natural resources could be considered (Bayart, Ellis, andHibou 1999; Berdal and Malone 2000).Such a protocol is the Protocol against the Illicit Manufacturing ofand Trafficking in Firearms, Their Parts and Components, and Ammunition,which provides both general provisions requesting a criminalizationof offenses defined by the protocol and specific provisions relatingto the prevention of offenses, including record keeping, marking offirearms, international trading licensing and authorization systems,and the registration and licensing of arms brokers. 24 The protocol onnatural resources could cover a broad range of issues related to preventingand terminating conflicts, including financial complicity in warcrimes, application of certification and sanctions regimes, legality ofexploitation, record keeping and public access to import-export andrevenue figures, and financial transparency of governments and theprivate sector. The experience and recommendations of the UN expert